I'd like to dispute the award length only. How long do I have to do this? - Page 6 — Scope | Disability forum
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I'd like to dispute the award length only. How long do I have to do this?

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Comments

  • ncor
    ncor Community member Posts: 90 Pioneering
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    Hi,

    Thanks everyone for the advice.

    so do I have to ask the first tier tribunal can I apply to upper tribunal? Or can I use the form @chiarieds has posted and ask the UT at first?

    also I have extra evidence in the form of a report from the musculoskeletal clinic, an appointment I had after the first tier tribunal decision. It basically says that I have tried everything and the best thing for me is to just try and manage the pain?

    any help would be appreciated.

     Thanks.

  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    ''First ask the tribunal who made the decision for permission to appeal. You usually have to do this within 28 days of the decision - speak to that tribunal to find out the deadline.

    Once you have permission, download and fill in the relevant appeal form. Send it to the address on the form within 1 month of getting permission.

    If you’re refused permission

    You can ask the Upper Tribunal (Administrative Appeals Chamber) for permission directly using the relevant permission form. Send it to the address on the form within 1 month of being refused.''



  • ncor
    ncor Community member Posts: 90 Pioneering
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    Okay thanks but should I send in any extra evidence or just leave it the way it is?

    also on Mikes post earlier, he posted the case law on no specialist intervention, should I include that? 

    Thanks.
  • ncor
    ncor Community member Posts: 90 Pioneering
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    I decided to not go ahead with it in the end as the fear and anxiety of the whole process and losing everything was just too crippling. I will leave it till my next review which is end of next year. 

    As the first tier tribunal added 3 months onto my award length, does that mean in effect that they made a new decision and my next review won’t be treated as a review but a new claim as it was awarded by the tribunal? Sorry, hope that makes sense. Thanks. 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    ncor said:
    As the first tier tribunal added 3 months onto my award length, does that mean in effect that they made a new decision and my next review won’t be treated as a review but a new claim as it was awarded by the tribunal? Sorry, hope that makes sense. Thanks. 
    Even if they had made no changes it would still be a tribunal decision. I would expect you will need to make a new claim as the award approaches the end.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • ncor
    ncor Community member Posts: 90 Pioneering
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    Okay. Will I have to ring an reapply or will PIP or the tribunal get in contact with me to reapply? If so how long before the award ends?

    also would it worth including the decision notice and summary from the tribunal for my current award when reapplying?

     Thanks. 
  • poppy123456
    poppy123456 Community member Posts: 54,337 Disability Gamechanger
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    DWP will contact you asking you to reapply, which is usually about 14 weeks before your award ends. Whether that's changed since the pandemic, i don't know. It's got nothing to do with Tribunal now.
    There's no harm in including those from Tribunal but don't let that distract you from filling out the form with as much detail as possible and include a couple of real world incidents.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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